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HomeMy WebLinkAboutWQ0005458_Final Permit_19970826State of North Carolina AR Department of Environment, Health and Natural Resources N�9;TA • Division of Water Quality A& James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E H N F=>. A. Preston Howard, Jr., P.E., Director August 26, 1997 S. R. Yandle, Manager, Environmental Affairs Takeda Chemical Products USA, Inc. 101 Takeda Drive Wilmington, North Carolina 28401 Subject: Permit No. WQ0005458 Takeda Chemical Products USA, Inc. Land Application of Wastewater Residuals New Hanover County Dear Mr. Yandle: In accordance with your request for a permit amendment received on June 13, 1997, in the form of a 'Petition for a Contested Case Hearing", the additional comments received on August 6, 1997, and the Notice of Withdrawal submitted August 20, 1997 to the Office of Administrative Hearings, we are forwarding herewith Permit No. WQ0005458 dated August 26, 1997, to Takeda Chemical Products USA, Inc. for the operation of the subject land application program. This permit is final and binding. This permit shall be effective from the date of issuance until March 31, 2002, shall void Permit No. WQ0005458 issued April 4, 1997, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If you need additional information concerning this matter, please contact Mr. Michael D. Allen at (919) 733-5083 extension 547. Sincerel -/—A. Preston Howard, Jr., P.E. ec: Bart Njoku-Obi, Attorneys General Office Craig A. Bromby, Hunton & Williams Brunswick County Health Department Wilmington Regional Office, Water Quality Section Wilmington Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Training and Certification Unit (no revised rating) Facilities Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH RESIDUALS LAND APPLICATION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Takeda Chemical Products USA, Inc. New Hanover County FOR THE operation of a wastewater residuals land application program using a solid set sprinkler system. The program consists of the application of approximately 204.2 dry tons per year of residuals from the sources listed in Condition II 5, to approximately 24.81 acres of land in New Hanover and Pender Counties with no discharge of wastes to the surface waters, pursuant to the request for a permit amendment received on June 26, 1997, in the form of a "Petition for a Contested Case Hearing", and in conformity with the project plan, specifications, and other supporting data subsequently'filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until March 31, 2002, shall void Permit No. WQ0005458 issued April 4, 1997, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The Wilmington Regional Office, telephone number (910) 395-3900 shall be notified at least twenty-four (24) hours prior to the initial application on the expanded spray application field of the fesiduals site so that an inspection can be made of the application sites and application method. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 2. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be rescinded unless the sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. 3. The land application program shall be effectively maintained and operated as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this program. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this program. 5. In the event that the land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and take any immediate corrective actions as may be required by the Division. 6 _ The following buffer zones shall be maintained: a) 400 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate DWQ regional office, b) 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate DWQ regional office, c) 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water for both methods, d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application, e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application, f) 50 feet from property lines for both surface and subsurface application methods; g) 50 feet from public right of ways for both application methods, h) 10 feet from upslope interceptor drains and surface water diversions for both application methods, i) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods. 7. A copy of this permit shall be maintained at the land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 8. Specific residual application area boundaries shall be clearly marked on each site prior to and during application. 9. No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division of Water Quality. 10. Maximum slope for residual application shall be 10% for surface application and 18% for subsurface applications.' II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities and application sites shall be properly maintained and operated at all times. 2. A suitable vegetative cover, as listed in condition 114, shall be maintained in accordance with the crop management plan outlined by the local Extension Office of the Department of Agriculture, or the Soil Conservation Service, or other agronomist, and approved by this Division. 3. An acceptable pH must be maintained -in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified below. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 2 4. The application rates shall not exceed the following for the specified crops: Crop PAN (lb./acre/� Alfalfa 200 Bermuda Grass (Hay, Pasture) 220 Bermuda Grass (Coastal) 350 Blue Grass 120 Corn (Grain) 160 Corn (Silage) 200 Cotton 70 Fescue 250 Forest (Hardwood & Softwood) 75 Milo 100 Small Grain (Wheat, barley, oats) 100 Sorghum, Sudex (Pasture) 180 Sorghum, Sudex (Silage) 220 Soybeans 200 Timothy, Orchard, & Rye Grass 200 5. No residuals other than the following are hereby approved for land application in accordance with this permit: Permit Volume Source County Number _ (dEt�year Takeda Chemical Products USA, Inc. New Hanover NC0059234 204.2 6. The metal loading rates shall not exceed the following Cumulative Pollutant loading rates: Kilograms Pounds Parameters per Hectare per Acre Arsenic 41 36 Cadmium 39 34 Copper 1,500 1,338 Lead 300 267 Mercury 17 15 Molybdenum ---- ---- Nickel 420 374 Selenium 100 89 Zinc 2,800 2,498 7. The pollutant concentrations in the residuals which will be applied to the land shall not exceed the following Ceiling Concentrations (Dry Weight Basis): Parameters mR/k Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 3 8. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified land application/residuals operator to be in responsible charge (ORC) of the land application program. The operator must hold a certificate of the type classification assigned to the land application program by the Certification Commission. The Perznittee must also employ a certified back-up operator of the appropriate type to comply with the conditions of Title 15A NCAC 8A, .0202. 9. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 10. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on lands with no cover crop established. 11. For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied only during periods of dry weather. The residuals must be incorporated into the soil within twenty-four (24) hours after application. 12. Appropriate measures must be taken to control public access to the land application sites during active site use and for the 12-month period following the last residual application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 13. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. 14. Residuals shall not be applied in inclement weather or until four hours following a 1/2 inch rainfall event or eight hours following a 1 inch or greater rainfall event in a 24 hour period. 1n no case shall residuals be applied if residuals or water are ponding on the application area. Any emergency residuals disposal measures must first be approved by the Division of Water Quality. 15. Residuals shall not be applied to any land application site that is flooded, frozen or snow- covered. 16. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division. 17. Animals shall not be grazed on an application site for 30 days after residuals application. Application sites that are to be used for grazing shall have fencing that will be used to prevent access after each application. 18. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after residuals application. 19. Food crops with harvested parts that touch the residual/soiI mixture and are totally above the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 20. Food crops with harvested parts below tbe surface of the land (root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four (4) months or longer prior to incorporation into the soil. 21. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four (4) months prior to incorporation into the soil. 9 22. Turf shall not be harvested for I year after residuals application if the turf is to be placed on land with a high potential for public exposure. MONITORING AND REPORTING REQUIREMENTS Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division of Water Quality to insure protection of the environment will be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee tracking all application activities. These records shall include, but are not necessarily limited to the following information: a. source of residuals b . date of residual application c. location of residual application (site, field, or zone #) d. method of application e. weather conditions (sunny, cloudy, raining, etc.) f. soil conditions g . type of crop or crops to be grown on field h. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. 3. A representative annual soils analysis (Standard Soil Tertility Analysis) shall be conducted on each site receiving residuals in the respective calendar year and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily Iimited to, the following parameters: Acidity Calcium Copper Magnesium Base Saturation (by calculation) Cation Exchange Capacity Manganese Potassium Percent Humic Matter Sodium PH Zinc Phosphorus The Standard Soil Fertility Analysis (see above) and an analysis for the following pollutants shall be conducted once prior to permit renewal on soils from each site which has received residuals during the permit cycle. Arsenic Mercury Cadmium Molybdenum Lead Nickel Selenium 5 4. A residuals analysis will be conducted annually from the date of permit issuance by the Permittee and the results maintained on file by the Permittee for a minimum of five years. If land application occurs at a frequency less than annually, a residuals analysis will be required for each instance of land application. The residuals analysis shall include but is not necessarily limited to the following parameters: Arsenic Calcium Cadmium Nitrate -Nitrite Nitrogen Copper Magnesium Lead % Total Solids Mercury pH Molybdenum Phosphorus Nickel Plant Available Nitrogen (by calculation) Selenium Potassium Zinc Sodium Aluminum TKN Ammonia -Nitrogen 5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee annually. The TCLP analysis shall include the following parameters (please note the regulatory level in mg/L in parentheses): Arsenic (5.0) Benzene (0.5) Carbon tetrachloride (0.5) Chlorobenzene (100.0) Chromium (5.0) m-Cresol (200.0) Cresol (200.0) 1,4-Dichlorobenzene (7.5) 1, 1 -Dichloroethylene (0.7) Endrin (0.02) Hexachlorobenzene (0.13) Hexachloroethane (3.0) Lindane (0.4) Methoxychlor (10.0) Nitrobenzene (2.0) Pyridine (5.0) If Silver (5.0) Toxaphene (0.5) 2,4,5-Trichlorophenol (400.0) 2,4,5-TP (Silvex) (1.0) Barium (100.0) Cadmium (1.0) Chlordane (0.03) Chloroform (6.0) o-Cresol (200.0) p-Cresol (200.0) 2,4-D (10.0) 1,2-Dichloroethane (0.5) 2,4-Dinitrotoluene (0.13) Heptachlor (and its hydroxide) (0.008) Hexachloro-1,3-butadiene (0.5) Lead (5.0) Mercury (0.2) Methyl ethyl ketone (200.0) Pentachlorophenol (100.0) Selenium (1.0) Tetrachloroethylene (0.7) Trichloroethylene (0.5) 2,4,6-Trichlorophenol (2.0) Vinyl chloride (0.2) 6. Three copies of all required monitoring and reporting requirements as specified in conditions III 1, Ill 2, III 3, III 4, and III 5 shall be submitted annually on or before March 1 of the following year to the following address: NC Division of Water Quality Water Quality Section Facility Assessment Unit PO Box 29535 Raleigh, NC 27626-0535 2 7. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-3900 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the land application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS 1. Within 90 days of permit issuance, monitoring wells MW-2SF and MW-3SF shall be abandoned in accordance with 15A NCAC 2C .0113. 2. Within 90 days of permit issuance, three (3) monitor wells, one (1) upgradient and two (2) downgradient, shall be installed to monitor groundwater quality. The well(s) shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. Each monitoring well shall be named as noted, installed in accordance with this permit, and located at the review boundary as marked on Attachment A. 3. Monitor wells MW-5SF, MW-6SF, and MW-7SF shall be sampled initially after construction (and prior to waste disposal operations), and all monitor wells MW-1SF, MW-4SF, MW-5SF, MW-6SF, and MW-7SF shall be sampled every March, July, and November for the following parameters:. NO3 Ammonia Nitrogen Zinc TDS TOC pH Water Level Chloride Sodium Orthophosphate *Methanol *Acetone *Isopropyl Alcohol Volatile Organic Compounds - In, -November only by Method 6230D below Method 6230D (Capillary - Column), "Standard Methods For The Examination of Water and Wastewater", 17th ed., 1989 To be sampled in November only, utilizing EPA methods with detection limits sufficient to meet North Carolina Groundwater Standards. 7 The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. If any volatile organic compounds are detected by Method 6230D, then the Wilmington Regional Office Groundwater Supervisor, telephone number 910/ 395-3900 must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0579 on or before the last working day of the month following the sampling month. 4. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 5. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. 6. The Wilmington Regional Office, telephone number 910/ 395-3900 shall be notified at least forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be made of the monitoring well location. Such notification to the regional groundwater supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays. 7. Within sixty (60) days of completion of all monitoring wells, the permittee shall submit two original copies of a scaled topographic map (scale no greater than 1":100') signed and sealed by a state licensed land surveyor that indicates all of the following information: a. the location and identity of each monitoring well, b. the location of the waste disposal system, c. the location of all property boundaries, d. the latitude and longitude of the established horizontal control monument, e. the relative elevation of the top of the well casing (which shall be known as the "measuring point"), and f. the depth of water below the measuring point at the time the measuring point is established. The survey shall be conducted using approved practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56. The surveyor shall establish a horizontal control monument on the property of the waste disposal system and determine the latitude and longitude of this horizontal control monument to a horizontal positional accuracy of +/- 10 feet. All other features listed in a. through e. above shall be surveyed relative to this horizontal control monument. The positional accuracy of features listed in a. through e. above shall have a ratio of precision not to exceed an error of closure of 1 foot per 10,000 feet of perimeter of the survey. Any features located by the radial method will be located from a minimum of two points. Horizontal control monument shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may take place on the property. The map shall also be surveyed using the North American Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global Positioning System (GPS) is used to determine the latitude and longitude of the horizontal control monument, a GPS receiver that has the capability to perform differential GPS shall be used and all data collected by the GPS receiver will be differentially corrected. The maps and any supporting documentation shall be sent to the Groundwater Section, N.C. Division of Water Quality P.O. Box 29578 Raleigh, N.C. 27626-0578. 8. Within thirty (30) days of completion of all well construction activities, Takeda will have a responsible company officer certify that the monitoring wells are located and constructed in accordance with the Well Construction Standards (15A NCAC 2C) and this permit. This certification should be submitted with copies of the Well Completion Form (GW-1) for each well. Mail this certification and the associated GWA forms to the Permits and Compliance Unit, Groundwater Section, P.O. Box 29578, Raleigh, NC, 27626-0578. 9. For the initial sampling of the well as specified elsewhere in the permit, the permittee shall submit a copy of the GWA Form (Well Completion Form) with the Compliance Monitoring Form (GW-59) for that well. Compliance Monitoring Forms that do not include copies of the GW-1 form will be returned to the permittee without being processed. Failure to submit these forms as required by this permit may result in the initiation of enforcement activities pursuant to NC General Statutes 143-215.6. 10. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143--215.6A(a)(1). In accordance with 15.E NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. V . INSPECTIONS Any duly authorized officer, employee, or representative of the Division of Water Quality may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the application site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. W 2. The Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division of Water Quality or other permitting authority, upon request. V I . GENERAL CONDITIONS This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by this Division. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. This permit is not automatically transferable. In the event that there is a desire for the facilities to change ownership or a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 4. The following are approved sites for residuals application (see attached map[s]): Application Area [acres] Site No. Owner/Lessee (excluding,buffersl 1 Takeda Chemical Products USA, Inc. 6.75 2 Takeda Chemical Products USA, Inc. 18.06 TOTAL AVAILABLE ACRES 24.81 5. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 6. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4). 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (Iocal, state, and federal) which have jurisdiction. 8. The Permittee, at least six (6) months prig to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 9. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements the Division of Water Quality deems necessary in order to adequately protect the environment and public health. 10 Permit issued this the twenty-sixth day of August, 1997 NORTH CAR INA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0005458 11